RAJ KAUSHAL Vs. STATE & ANR

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973, preferred by the petitioner for quashing of FIR No. 498/2010 registered at Police Station Anand Vihar, Delhi, for the offence punishable under Section 363 IPC and consequential proceedings arising out of the same against the petitioner.

(2.) Learned counsel appearing on behalf of the petitioner submits that the aforesaid FIR was registered on the complaint dated 10.11.2010 lodged by the father (respondent No.2) of the prosecutrix, namely, Poonam @ Chandni, alleging kidnapping of his daughter by the petitioner from his lawful guardianship and marrying her without the consent of her parents.

(3.) By virtue of this petition, the petitioner prays for quashing of the FIR and the proceedings emanating from the same on the ground that the petitioner and the prosecutrix were friends, having an affair and wanted to marry. The family members of the prosecutrix wanted to settle her marriage with some other fellow, therefore, she and the petitioner left their respective houses, resulting in registration of the FIR in question. It is stated that thereafter they got married and started living together as husband and wife. Out of the said wedlock, a male child, namely, Rohan has begotten, who is presently 3 1/2 years old.